Foltz v. Buck

Citations

• 89 Kan. 381
• 131 P. 587
• 1913 Kan. LEXIS 75

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Malicious Prosecution — Malice an Essential Element. In an action for malicious prosecution malice is an essential element, but it is not restricted to the personal hatred, spite or revenge of the one who institutes the prosecution.</p> <p>2. - Instruction as to Malicious Prosecution — Not Error. In a case where there was testimony tending to show that the defendant caused the plaintiff to be prosecuted for an offense when he did not believe the plaintiff to be guilty, and that a prosecution was instituted for an improper and wrongful purpose, it was not error for the trial court to include in his charge the statement that “the prosecution of a person with any other motive than to bring the guilty person to justice is in the law a malicious prosecution.”</p> <p>3. Special Questions — Refusal to Submit — Not Error. The refusal of the court to submit a special question asking the jury to state in detail the material facts which the defendant withheld when he consulted the county attorney as to the bringing of the prosecution was not error. •</p> <p>4. Special Findings — Construction—Upholding General Verdict. Special findings will be construed, if possible, so as to uphold the general • verdict, and where there is obscurity as to the kind of damages included in the general verdict the prayer of the petition is not absolutely controlling but consideration may be given to the allegations in the body of the petition and to the testimony introduced in support of them as well as to the instructions given to' the jury.</p>